In Brief
In this civil appeal, the Supreme Court clarified that the 120-day deadline for filing a written statement under the amended Code of Civil Procedure (as modified by the Commercial Courts Act, 2015) is mandatory, not merely directory. The plaintiff sought to prevent the defendant's written statement, filed beyond this period, from being taken on record. The Court held that because the amendments expressly provide consequences for non-compliance (forfeiture of the right to file), the provisions are binding. A lower court's order permitting a late written statement was set aside, as it violated the statutory prohibition. The Court also ruled that res judicata cannot shield an erroneous interpretation of statutory mandates, and the inherent powers of courts cannot override express legislative provisions."
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